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PLANNING COMMISSION RESOLUTION NO. 2179
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF
A PRECISE PLAN OF DESIGN WITH A DEVELOPMENT AGREEMENT FOR A
36-UNIT APARTMENT COMPLEX KNOWN AS PALM VILLAGE
APARTMENTS, LOCATED AT 73-610 FRED WARING DRIVE.
CASE NOS. PP 02-16 AND DA 02-02:
WHEREAS, the Planning Commission of the City of_Palm Desert, California, did on the
7th day of January, 2003, hold a duly noticed public hearing to consider the request by PALM
DESERT REDEVELOPMENT AGENCY HOUSING DIVISION for approval of the above noted;
and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the Califomia Environmental Quality Act", Resolution
No. 02-60, in that the Director of Community Development has determined that the project is a
low income housing project and therefore is Statutory Exempt for purposes of CEQA and no
further documentation is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts and reasons to exist to justify recommending to City Council
approval of said request:
1. California Govemment Code Section 65915 mandates local govemments to
approve affordable housing projects with density bonuses and development
standards incentives. The density bonus and development standard incentives
will not cause a negative impact on the neighborhood; and
2. The precise plan of design will create a high quality apartment complex with
superior architecture that will enhance the older neighborhood.
3. The design of the precise plan will not substantially depreciate property values,
nor be materially injurious to properties or improvements in the vicinity; and
4. The precise plan will not unreasonably interfere with the use or enjoyment of
property in the vicinity by the occupants thereof for lawful purposes; and
5. The precise plan will not endanger the public peace, health, safety or general
welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
taw- 1. That the above recitations are true and correct and constitute the findings of the
Commission in this case.
PLANNING COMMISSION RESOLUTION NO. 2179
2. That approval of Precise Plan 02-16 is hereby recommended to City Council,
subject to conditions attached.
3. That approval of the Development Agreement 02-02 (Exhibit A) attached hereto
is herby recommended to City Council.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7`h day of January, 2003, by the following vote, to wit:
AYES: CAMPBELL, LOPEZ, TSCHOPP, FINERTY
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
ATTEST:
•
PHILIP DRELL1Secretary
Palm Desert Planning Commission
CINDY FINERTYYYChairperson
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PLANNING COMMISSION RESOLUTION NO. 2179
CONDITIONS OF APPROVAL
CASE NOS. PP 02-16 AND DA 02-02
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the department of community development/planning,_ as modified by the following
conditions.
2. Construction of a portion of said project shall commence within one year from the date
of final approval unless an extension of time is granted; otherwise said approval shall
become null, void and of no effect whatsoever.
3. The development of the property described herein shall be subject to the restrictions
and limitations set forth herein which are in addition to all municipal ordinances and
state and federal statutes now in force, or which hereafter may be in force.
4. Prior to issuance of a building permit for construction of any use contemplated by this
approval, the applicant shall first obtain permits and/or clearance from the following
agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to
the department of building and safety at the time of issuance of a building permit for
the use contemplated herewith.
5. Access to trash/service areas shall be placed so as not to conflict with parking areas.
Said placement shall be approved by applicable waste company and Department of
Community Development and shall include a recycling program.
6. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10. Method of compliance shall be established prior to completion of the
Architectural Review Commission process.
7. Applicant agrees to maintain the landscaping required to b installed pursuant to these
conditions. Applicant will enter into an agreement to maintain said landscaping for the
life of the project, which agreement shall be notarized and which agreement shall be
recorded. It is the specific intent of the parties that this condition and agreement run with
the land and bind successors and assigns. The final landscape plan shall include a long-
term maintenance program specifying among other matters appropriate watering times,
fertilization and pruning for various times of the year for the specific materials to be
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PLANNING COMMISSION RESOLUTION NO. 2179
planted, as well as periodic replacement of materials. All to be consistent with the
Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape
plan.
8. That the project shall operate consistent with the provisions of a development
agreement, which must be adopted by the City Council, otherwise the approval shall
be null and void.
Department of Public Works:
1. Any storm drain construction associated with this project shall be contingent upon a
drainage study prepared by a registered civil engineer that is reviewed and approved
by the Department of Public Works.
2. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert
Municipal Code, shall be installed in accordance with applicable City standards.
3. As required under Palm Desert Municipal Code Section 26.28, and in accordance with
Sections 26.40 and 26.44, complete improvement plans and specifications shall be
submitted to the Director of Public Works for checking and approval before
construction of any improvements is commenced. Offsite improvement plans shall be
reviewed and approved by the Director of Public Works and a surety posted to
guarantee the installation of all required offsite improvements prior to issuance of a
grading permit. Such improvements shall include, but not be limited to curb, gutter,
paving, minimum six foot wide concrete sidewalk and city standard concrete drive
approach. "As -built" plans shall be submitted to, and approved by, the Director of
Public Works prior to the acceptance of the improvements by the City.
4. All private driveway and parking lot construction shall be inspected by the engineering
department and a standard inspection fee paid prior to the issuance of a grading
permit.
5. Perimeter landscaping maintenance shall be the responsibility of the property owner.
Landscape treatment shall be water efficient in nature.
6. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive
Dust Control.
7. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans
and specifications shall be submitted to the Director of Public Works for checking and
approval prior to the issuance of any permits associated with this project. Preliminary
landscape plans shall be submitted concurrently with grading plans.
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PLANNING COMMISSION RESOLUTION NO. 2179
8. Size, number and location of driveways shall be to the specifications of the
Department of Public Works with only one driveway approach to serve this property.
9. Any and all offsite improvements shall be preceded by the approval of plans by the
Director of Public Works and the issuance of a valid encroachment permit by the
Department of Public Works.
10. A complete preliminary soils investigation, conducted by a registered soils engineer,
shall be submitted to and approved by the Department of Public Works prior to the
issuance of a grading permit.
11. Proposed building pad elevations are subject to review and modification in accordance
with Title 27 of the Palm Desert Municipal Code.
12. A Parcel Map is required to consolidate the Tots and resolve lot line survey
deficiencies.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced plan check,
Fire Department recommends the following fire protection measures be provided in
accordance with City Municipal Codes, appropriate NFPA Standards, CFC, CBC, and/or
recognized fire protection standards:
The fire department is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per UFC Article 87.
A fire flow of 1500 gpm for a 1-hour duration at 20-psi residual operating
pressure must be available before any combustible materials are placed on the
job site.
2. Provide, or show there exists, a water system capable of providing a potential gallon per
minute flow of:
a) 3000 for commercial structure.
3. The required fire flow shall be available from a wet barrel Super Hydrant 4"x2-1/2"x2-
1/2"), located not Tess than 25' nor more than 165' from any portion of a commercial
building measured via vehicular travelway.
4 Water plans must be approved by the Fire Marshal and include verification that the
water system will produce the required fire flow.
5. Install a complete NFPA 13R with attic protection fire sprinkler system. This applies to all
buildings with a 3,000 square foot total cumulative floor area. The Fire Marshal shall
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PLANNING COMMISSION RESOLUTION NO. 2179
approve the locations of all post indicator valves and fire department connections. All
valves and connections shall not be less than 25' from the building and within 50' of an
approved hydrant. Exempted are one and two family dwellings.
6. All valves controlling the water supply for automatic sprinkler systems and water -flow
switches shall be monitored as required by the UBC Chapter 9.
7. Install a fire alarm system as required by the UBC Chapter 3.
8. Install portable fire extinguishers per NFPA, 10, but not less than 2A10BC extinguisher
per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is
required in all commercial kitchens.
9. All buildings shall be accessible by an all-weather roadway extending to within 150' of all
portions of the exterior walls of the first story. The roadway shall be not less than 24' of
unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed,
the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one
side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius
tum around (55' in industrial developments). Fountains or garden islands placed in the
middle of these tum-grounds shall not exceed a 5' radius or 10' diameter. City
standards may be more restrictive.
10. Whenever access into private property is controlled through the use of gates, barriers
or other means provisions shall be made to install a "Knox Box" key over -ride system
to allow for emergency vehicle access. Minimum gate width shall be 16 inches with a
minimum vertical clearance of 13 feet 6 inches.
11. All buildings shall have illuminated addresses of a size approved by the city.
12. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately for approval prior to construction.
13. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
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